Cannabis and the Workplace: An HR Response Guide

Agenda / Content Covered

1. Marijuana and the Law: What Employers Need to Know
   1:00 - 1:45, Nancy McCoy
   1. Federal Marijuana Law
   2. State Medical Marijuana Laws
   3. State Laws on Recreational Marijuana
   4. Navigating Conflicting State and Federal Positions
   5. Recent Developments and Future Outlook
2. Adapting Substance Misuse Policies to the Modern Workplace
   1:45 - 2:30, Nancy McCoy
   1. Does Your Company's Handbook Need to Be Updated?
   2. Zero-Tolerance/Drug-Free Workplace Policies - Do They Hold Up?
   3. Drafting Legally Compliant Medical Marijuana Policies
   4. Legal Recreational Marijuana Use and the Workplace: Compliance Tips
   5. Defining Permissible and Impermissible Off-Duty Conduct
   6. Drug-Testing Policy Best Practices
   7. Pre-Employment Drug Screening: Legal Pitfalls
   8. Reviewing Sample Policy Language
3. Handling Accommodation Requests for Medical Marijuana
   2:45 - 3:30, Gery T. Nietupski
   1. Medical Marijuana and the ADA
   2. State Law Considerations
   3. Requesting Medical Certification
   4. When to Engage in the Interactive Process
   5. Actions That Can Lead to Disability Discrimination Claims
4. Disciplining and Terminating Employees for Legal Marijuana Use
   3:30 - 4:15, Gery T. Nietupski
   1. Can Employers Discipline Employees for Legal Marijuana Use?
   2. Enforcing Zero-Tolerance Policies
   3. Spotting Signs of Impairment on the Job
   4. What to Do When Legal Marijuana Use Presents a Safety Concern
   5. Handling Failed Drug Tests: Necessary Steps
      1. Tests for "Reasonable Suspicion"
      2. Post-Accident Drug Tests
      3. Random Drug Tests
   6. Essential Documentation and Recordkeeping Practices
   7. Lessons for Employers From Recent Case Law

Accreditation Details:

Nancy McCoy is an attorney and director at Simpson, Garrity, Innes & Jacuzzi, P.C. Ms. McCoy has comprehensive experience handling employment law matters before all state and federal courts, as well as before various state, federal, and local agencies such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Department of Fair Employment and Housing (DFEH), the Division of Labor Standards Enforcement (DLSE), the Workers' Compensation Appeals Board (WCAB), and the Unemployment Insurance Appeals Board (CUIAB), among others. She has extensive expertise in the areas of discrimination, harassment, and retaliation; wrongful termination; management of employees with disabilities, on protected leaves of absence, and requesting reasonable accommodation; wage and hour compliance; drug testing and substance abuse management; privacy; hiring practices; employment contracts; terminations and reductions in force; workplace safety and violence prevention; workplace investigations; whistle-blowing; trade secrets; and unfair business practices. Ms. McCoy earned her B.A. degree from the University of California and her J.D. degree from Golden Gate University School of Law.

Gery T. Nietupski is with the Law Offices of Gery T. Nietupski, Esq., LLC in Erie, Pennsylvania. He is an honors graduate of both John Carroll University and the Duquesne University School of Law. At Duquesne, Mr. Nietupski earned the law school's highest honor, the Distinguished Student award. He has taught a variety of classes at both Gannon and Edinboro University for nearly 35 years; and is a frequent and sought after lecturer for several professional employment organizations, including the Manufacturer and Business Association of Northwestern Pennsylvania. Mr. Nietupski focuses his extensive practice in representing employers and employees in their workplace relationships. He has negotiated approximately 80 labor contracts for management; has weathered nine strikes; and has litigated hundreds of cases before state and federal courts, as well as the NLRB, the EEOC, OSHA, wage and hour, and the PHRC.